Commercial Bank v. Sherman
Oregon Supreme Court
Appeal from Multnomah: E. B. Shattuck, Judge. This is an action by the Commercial Bank oí Vancouver, Washington, against D. F. Sherman, as indorser of a promissory note.
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Appeal from Multnomah: E. B. Shattuck, Judge. This is an action by the Commercial Bank oí Vancouver, Washington, against D. F. Sherman, as indorser of a promissory note. The facts are that on June twenty-seventh, eighteen hundred and ninety-one, at Portland, Oregon, J. L. Lewis and others made, executed, and delivered to the defendant their negotiable promissory note for nine thousand two hundred and four dollars, and that in August, eighteen hundred and ninety-one, the plaintiff, a banking corporation organized under the laws of the State of Washington, and doing business therein, through…
1Opinion of the Court
Opinion by
Mr. Chief Justice Bean.
It must be conceded that the contracts of any of the foreign corporations named in the title of the act of eighteen hundred and sixty-four, of which the section referred to is a part, carrying on business, here without first having executed and caused to be recorded a power of attorney as required by the statute are void, and no action can be maintained thereon by the corporation: Bank of British Columbia v. Page, 6 Or. 431; Hacheny v. Leary, 12 Or. 40 (7 Pac. 329); In re Comstock, 3 Sawy. 218 (Fed. Cas. No. 3078); Semple v. Bank of British Columbia, 5 Sawy.…
2Cases cited7 opinions
- Cooper Manufacturing Co. v. FergusonSupreme Court of the United States · 1885
- Florsheim Bros. Dry Goods Co. v. LesterSupreme Court of Arkansas · 1895
- Bank of British Columbia v. PageOregon Supreme Court · 1877
- In re ComstockDistrict Court, D. Oregon · 1874
- Hacheny & Beno v. LearyOregon Supreme Court · 1885
2 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Oakland Sugar Mill Co. v. Fred W. Wolf Co.Court of Appeals for the Sixth Circuit · 1902
- John Deere Plow Co. v. WylandSupreme Court of Kansas · 1904
- George R. Barse Live Stock Co. v. Range Valley Cattle Co.Utah Supreme Court · 1897
- Hirschfeld v. McCullaghOregon Supreme Court · 1912
- Frawley, Bundy & Wilcox v. Pennsylvania Casualty Co.U.S. Circuit Court for the District of Middle Pennsylvania · 1903
17 more not listed; retrieve them via the Exa API.